MD. SOHEL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dtd. 21/1/2013 and 22/1/2013 passed by the learned Additional District and Sessions Judge, F.T.C.-I, Sealdah in Sessions Trial No. 5(1) 06 arising out of Sessions Case No. 3(11)05 convicting the appellants for commission of offence punishable under Sec. 302/34 of the Indian Penal Code and 25(1B)(a)/27 of the Arms Act and sentencing them to suffer imprisonment for life and pay a fine of Rs.2,000.00 each, in default, to suffer simple imprisonment for one year each for the offence punishable under sec. 302/34 I.P.C. and appellants Md. Riaz @ Natu Riaz @ Md. Siddique and Pramod Singh @ Langra Promod to suffer simple imprisonment for two years each and to pay a fine of Rs.1,000.00 each, in default, to suffer simple imprisonment for six months each for the offence punishable under sec. 25(1B)(a) of the Arms Act and appellants Md. Riaz @ Natu Riaz @ Md. Siddique and Pramod Singh @ Langra Promod to suffer simple imprisonment for five years each and pay a fine of Rs.1,000.00 each, in default, to suffer simple imprisonment for one year each for the offence punishable under sec. 27 of the Arms Act.All the sentences to run concurrently.

(2.) Prosecution case against the appellants is as follows:-

(3.) In the course of investigation, appellants were arrested. On the showing of Md. Riaz and Pramod Singh improvised pistols were recovered. During T.I. Parade Zeenat Begum identified the appellants. Ballistic expert P.W. 14 opined that the bullets and the cartridges seized and/or recovered from the body of the deceased could be fired from improvised pistols. Sanction was obtained from the appropriate authority and charge sheet was filed.